JUDGMENT

(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.12 of 2000 dated 18.12.2000 on the file of the Sub Court, Bhavani reversing the judgment and decree made in O.S.No.268 of 1997 dated 12.01.2000 on the file of the Additional District Munsif Court, Bhavani.)

1. The defendant in O.S.No.268 of 1997 on the file of the Additional District Munsif Court, Bhavani, is the appellant herein.

2. The suit in O.S.No.268 of 1997 had been filed by the 1st respondent herein, seeking declaration of title with respect to the suit property and for permanent restraining the defendant therein / appellant from interfering with peaceful possession. The suit property is situated at Somasundarapuram in Old S.F.No.831-B and 897-A, R.S.No.792/7. In this survey number the suit schedule consisted of 10 cents with house constructions bearing Door Nos.75, 76 and 77 (Old Door Nos.1/53, 53-A, 53-B and 12/111/E.6). The suit was dismissed by judgment dated 12.01.2000. The plaintiff then filed A.S.No.12 of 2000 before the Sub Court, Bhavani. The said appeal suit was allowed by judgment dated 18.12.2000. This has necessitated the defendant to file the present